TN: Great Decision Out of Tennessee – Registry Violates Ex Post Facto
Yesterday, a Federal District Court in Tennessee found that the Tennessee Sex Offender Registry, as applied to the Plaintiff, violates the Constitution.
The Court found; that the restrictions of SORVTA are much like traditional punishments of shaming, banishment, and probation, particularly when those restrictions are imposed for life, that the registry imposes an affirmative disability or restraint on Plaintiff, that permanence of SORVTA’s restrictions, based solely on his prior offense rather than a present potential of re-offense, weigh in favor of traditional punitive aims, among other things.
The Court concludes that the effect of lifetime compliance with SORVTA is punitive as it relates to Plaintiff. While the court made clear that this only applies to the plaintiff, the facts and circumstances are likely common to most on the Tennessee registry prior to 2004.
A copy of the decision can be found here: TN Doe v. Rausch
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Question here…
I have been reading many comments and many cases because I am like many of you, want to get out of this damn registry. I know I am way, waayy out the time when I can actually petition to get of the registry because I just won my motion to get off probation. My charges were in 2012 and I did short of 8 years in probation.
I don’t have a felony conviction because the judge granted a Withhold of Adjudication. I still have to register, but I can safely state that I don’t have a felony. For what I understand, when the probation ended, the case got dropped (and again, I STILL HAVE TO REGISTER, JUST LIKE EVERYONE ELSE).
One question I have is this…. would the 25 years applies to folks like me that have the Withhold of Adjudication?…. I know I have all my civil rights and one of the options I am contemplating is to petition for clemency to the governor after 7-10 years?. If anyone here has any suggestion or experience with this motion, I would welcome the words of advice.
The statutes are not very clear to me as it relates to this withhold of adj, so whatever information can be shared to weight in futures options I will appreciate and welcome it.
Beef
I too am a strong Christian. But lawyers do not work for free nor offer guarantees. I do not have numerous $1000’s of dollars to win or lose. If it was a guaranteed win then I could pick the noses of Irish fishermen on the dock’s for a few pennies to raise money. But I have lost too many hearings and money to go with it. I have paid for my accusations a 100 times over.
The sentencing appeal took me 10 years of battles to win but was worth it because it was before a different judge who happened to be friends of my lawyer. Yes 100% fair because my sentencing judge was close friends with the prosecutor and was even seen in private discussing my case before my sentencing.
And the class actions are cool but like I said before, they usually benefit just those who are named in the suit. But maybe if they win and 1000s of us flood the courts with suits, our voices will be heard.
unless the sexual predator has had his or her civil rights restored
When you’re released from prison and parole/probation, your civil rights ARE restored. Now let’s see how they then go about contradicting themselves as a way to keep you on the registry…
However, a sexual predator who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 10 years and has not been arrested for any felony or misdemeanor offense since release, may petition the criminal division of the circuit court for the purpose of removing the sexual predator designation
Gotta love the use of that language: “However”. They’re literally contradicting themselves and it should be brought up in a lawsuit.
ANOTHER GREAT DECISION, but this time it is out of the governor’s office in California. Gov. Gavin Newsom is proposing to significantly shrink the footprint of California’s prison system, partly because of massive budget cuts prompted by the pandemic but also because of philosophy.
The revised budget he sent to state lawmakers this week envisions closing two state prisons in the coming years; cutting nearly one in five of the 43 inmate firefighter camps; and eventually closing all three state-run juvenile prisons.
He’s also seeking unspecified increases to sentencing credits that allow inmates to leave prison more quickly. And he proposes to shorten parole to a maximum of two years, down from five years for felonies, and let ex-felons earn their way off supervision in just a year, or 18 MONTHS FOR SEX OFFENDERS.
My husband has 28 YEARS OF PROBATION.
https://krcrtv.com/news/local/governor-newsom-wants-to-shrink-california-prisons-as-a-part-of-budget-cuts
What is the governor of Florida doing? He is not willing to do anything to help registrants avoid possible contact of the virus through in-person registration. In his talks with the media, he states that a few places in Florida have recently seen a spike in virus cases, but not to worry he said. The spike is due to the increased cases in the prison population. There was no mention of how the state could help out the deplorable situations now within our prisons. It was very clear in his talk that inmates do not matter; they do not count as real people.
What a sea change in CA politics. 25 years ago, candidates there competed to show who could be more “tough on crime.” They have since learned their lesson, but in FL this will take more time.
“cutting nearly one in five of the 43 inmate firefighter camps”
That part I do not agree with. Not only does that include an essential force to help battle California’s awful fires annually, but also gives the inmates a goal and to feel useful. I do not know all the details but that part of his plan sounds bad.
I know in Florida, anyone in prison on a sex offense was not allowed to go out on work crews. I applied 3 times and was denied 3 times. Even had a Sgt. speak on my behalf and still denied. However, one guy who was allowed to go out that was no in for a sex offense, had only 6 months left on his sentence and he took off from the work crew and was caught and given an escape charge.
Roe v. Wade wasn’t won without protest and marches! They refused to recognize the civil rights movement without much protest, marches and violence, including loss of life! They didn’t stop drafting for the politician’s war, Vietnam until there were very violent protest, marches, and life lost (remember Kent State). It’s time we grow some balls and commit to the invitable. No one can do anything for us until we become a very loud roar on the battle field!!! We are all going to die one day, I’d rather die still possessing the unalienable constitutional rights God gave me then to die hiding like a coward because I might care about what someone thinks of me. It’s great that the system wants to look out for the children of today. But what about the children of yesterday who are undeniably the product of the same demise!!! It’s time for all of us to roar in the faces of our current abusers like Lauren Brook. We must make it known that we refuse to be victims anymore. We won’t be victims for Lauren Brook or John Walsh or anyone who wishes to take advantage of our fears. It’s time we shed the abuse of fear and do mean battle with the true abusers!!! We are humans, and citizens it’s time to become warrior’s. We cant just hide in shame and hope that FAC will become our “War Daddy”. It’s time to fight for our rights or just go hide in the shadows and shut up until you die. No one is going to do this for us!!!
Um, Roe v Wade was won in court. So was the victory you are responding to. They were not influenced by protests and marches, but if you are interested in going that route, you should hook up with Women Against Registry which already does this.
There seems to be a lot of confusion about durations of registration before petitions can be filed. I hope this clears things up.
FAC, feel free to add this to your “Resources” list of documents.
For “Sexual Predators:”
https://www.flsenate.gov/Laws/Statutes/1997/775.21
(g) A sexual predator must maintain registration with the department for the duration of his or her life, unless the sexual predator has had his or her civil rights restored, or has received a full pardon or has had a conviction set aside in a post-conviction proceeding for any felony sex offense that met the criteria for the sexual predator designation. However, a sexual predator who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 10 years and has not been arrested for any felony or misdemeanor offense since release, may petition the criminal division of the circuit court for the purpose of removing the sexual predator designation.
https://www.flsenate.gov/Laws/Statutes/1998/775.21
(l)A sexual predator must maintain registration with the department for the duration of his or her life, unless the sexual predator has had his or her civil rights restored, or has received a full pardon or has had a conviction set aside in a postconviction proceeding for any felony sex offense that met the criteria for the sexual predator designation. However, a sexual predator who was designated as a sexual predator by a court before October 1, 1998, and who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 10 years and has not been arrested for any felony or misdemeanor offense since release, may petition the criminal division of the circuit court in the circuit in which the sexual predator resides for the purpose of removing the sexual predator designation. A sexual predator who was designated a sexual predator by a court on or after
October 1, 1998, who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years, and who has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court in the circuit in which the sexual predator resides for the purpose of removing the sexual predator designation.
Duration of 20 years added by 98-81
http://laws.flrules.org/1998/81
https://www.flsenate.gov/Laws/Statutes/2005/775.21
Duration of 30 years added
https://www.flsenate.gov/Laws/Statutes/2007/775.21
Duration of life added.
For “Sexual Offenders:”
https://www.flsenate.gov/Laws/Statutes/1997/943.0435
No duration in statute.
https://www.flsenate.gov/Laws/Statutes/1998/943.0435
(11) A sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has had his or her civil rights restored or has received a full pardon or has had a conviction set aside in a postconviction proceeding for any felony sex offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years and has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender.
Duration of life/20 years added by 98-81
http://laws.flrules.org/1998/81
https://www.flsenate.gov/Laws/Statutes/2007/943.0435
Duration of 25 years added by 2007-209
http://laws.flrules.org/2007/209